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MURPHY v. PUCKETT

No. 89-4418.

893 F.2d 94 (1990)

James MURPHY, Jr., Plaintiff-Appellee, v. S.W. PUCKETT, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 2, 1990.

Attorney(s) appearing for the Case

Jeffrey M. Rosamond, Asst. Atty. Gen. and Mike Moore, Atty. Gen., Jackson, Miss., for defendant-appellant.

Charles E. Webster, Clarksdale, Miss., for plaintiff-appellee.

Before GARZA, WILLIAMS and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The State of Mississippi (the state) appeals the district court's order granting James Murphy's (Murphy) petition for habeas corpus. We affirm.

I.

In December 1981, Murphy was convicted of capital murder with burglary and armed robbery as the underlying felonies. He was sentenced to life imprisonment. In November 1982, on a separate indictment, he was convicted of armed robbery. Both trials arose out of the same incident...

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